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Section 661 If a third person claims rights over the property deposited and enters an action against the depositary, or attaches the property, the depositay must forthwith give notice thereof to the depositor. Section 489. Section 497. Section 651. Section 479. duensingkippen.com Civil Litigation in Thailand: PART 6 - damages 0000009708 00000 n He may sell by public auction properties so retained and pay himself out of the proceeds of such sale the amount which is keepers,due to him, together with the cost and expenses of such sale. Section 825. Section 854. Section 590. Section 1. Section 692 An interruption of prescription against the debtor is also an interuption against the surety. If a loan is made for a sum of money, and the lender accepts goods or other property for the repayment of the loan, the amount of the debt extinguished thereby shall be considered as equal to the market value of the goods or property at the time and place of delivery. If the pledged right is an obligation to pay a sum of money and becomes due before the obligation secured, the payment must be made jointly to the pledge and pledgor; if they cannot come to an agreement, each of them is entitled to demand that such sum be deposited in Deposited Office for their common benefit. Section 722. The agent must act according to the express or implied directions of the principal. If the buyer accepts the whole of the property so delivered, he must pay the proportionate price. Plod was instrumental in replacing the French Civil Code of 1804 with the German Civil Code of 1900 ("BGB") as the principal model and introducing the Japanese Civil Code of 1898 ("JCC") and a copying method which he referred to as the 'Japanese method' to the new Thai-dominated drafting committee. Page 186. The net proceeds of the auction shall be distributed to the mortgagees according to their ranks, and the surplus, if any, shall be delivered to the mortgagor. Torts (Section 420-437) . translation of sections 862 to 897 not available. Section 711. Section 664 If the parties have fixed no time for the return of the property deposited,the depositary can return it at any time. The seller is liable if, by reason of eviction, the buyer is deprived of the whole or part of the property sold or if the property is subject to a right, the existence of which impairs its value, fitness, use or benefit and of which the buyer had no knowledge at the time of sale. The principal must, if so required, advance to the agent such sums as are necessary for the execution of the matters entrusted to him. A person who has received the property in good faith acquires the fruits thereon as long as such good faith continues. Section 635 Luggage entrusted to the carrier in time must be delivered on the arrival of the passenger. The buyer is also entitled to withhold the price wholly or partly, if he is threatened, or has good reason to believe that he is about to be threatened, with an action by a mortgagee or by a person claiming the property sold, until the seller has caused the danger with which he is threatened to cease, or until the seller has given proper security. Section 751. Section 483. A lottery contract or a raffle contract is binding if the lottery of the raffle is specially authorized or ratified by the Government. The agent who has a general authority may do all acts of management on behalf of his principal. The principal who employs an incapable person as an agent is bound by the act of that agent. If the price of redemption or the price of the sale, at the time of redemption, is higher than the real price of the sale more than fifteen percent per year, it shall be redeemed at a real price including fifteen percent per year of profit. If the employer has accepted the work without reservation, the contractor is not liable for the delay in delivery. The general rule in Thailand is codified and works . Download PDF version Download. As long as the work is not finished, the employer can terminate the contract on making compensation to the contractor for any injury resulting from the termination of the contract. Where a property has been entrusted to a commission agent the provisions of this Code concerning Deposit apply mutatis mutandis. If the contract provides that the property sold shall be sent from one place to another, delivery takes place at the moment when the property is delivered to the carrier. The provisions of Section 681 concerning Suretyship apply mutatis mutandis. Some of you might have thought of the United States To marry is to unite. In case remuneration is to be paid, it is payable, unless otherwise agreed, only after the agency has come to an end. No action for liability on account of deficiency or excess can be entered later than one year after delivery. Section 694 In addition to the defences which the surety has against the creditor, he can also set up defences which the debtor has against the creditor. When several persons have separately mortgaged their properties as security for the performance of one and the same obligation by another person and an order has been specified, the release granted by the mortgagee to one of the mortgagors discharges the subsequent mortgagors to the extent of the injury suffered by them thereby. If no time is fixed, the property shall be returned after the borrower has made the use of it for the purpose appearing from the contract. Alternative 1 is the no action Obligations (Section 395-405) Section 639 A provision in a ticket, receipt or such other document delivered by the carrier to the passenger excluding or limiting liability of the carrier is void, unless the passenger expressly agreed to such exclusion pr limitation of liability. On receiving such notice the principal is deemed to have accepted the transaction, unless he refuses it at once. On and from the day of operation of this Code, all other laws, bye laws and regulations in so far as they deal with matters governed by this Code or are inconsistent with its provisions shall be . No action for compensation in connection with a loan for use can be entered later than six months after the extinction of the contract. Section 663 Although the parties have fixed a time for the return of the property deposited, the depositary must return it at any time on demand made by the depositor. Code on-line [as amended to Code (No.18), B.E.2551 (2008)] Thailaws.com, Thailand PDF (consult le 2010-02-15) . Section 681 of the Civil and Commercial Code shall be repealed and replaced by the following: Thai Limited Company Law. If the gift is encumbered with a charge and the donee fails to perform the charge, the donor may, under the conditions specified for the right of rescission in the case of reciprocal contracts, demand the return of the gift under the provisions relating to the return of undue enrichment in so far as the gift ought to have been applied to the performance of the change. When a property has been mortgaged and a servitude or other real right is registered after the registration of the mortgage without the consent of the mortgagee, the mortgage has priority over the servitude or other real right and the latter will be erased from the register where its existence prejudice the right of the mortgagee on the enforcement of the mortgage. There are no other registered mortgages or preferential rights on the same property. Section 742. Sale with right of redemption is a contract of sale whereby the ownership of the property sold passes to the buyer subject to an agreement that the seller can redeem that property. The hire of work is a contract whereby a person, called contractor, agrees to accomplish a definite work for another person, called employer, who agrees to pay him a remuneration of the result of the work. If any creditor refuses the offer, he must enter an action in Court within one month from the date of the offer for a judgment ordering the mortgaged property to be sold by public auction, provided that: Section 740. Section 707. xbbbf`b``a + In case of any defect in the property sold which impairs either its value or its fitness for ordinary purposes, or for the purposes of the contract, the seller is liable. 0000017674 00000 n If the work is to be accepted in parts and the remuneration has been specified for the several parts, the remuneration for each part is payable at the time of its acceptance. section 1447_1 - 1453. Section 832. A gift is a contract whereby a person, called the donor, transfers gratuitously a property of his own to another person, called the donee, and the donee accepts such property. Section 642. Any legal information obtained from www.thailandlawonline.com should be reviewed with an appropriate legal professional qualified under Thai law to determine its applicability to your particular situation. . Thai Limited Company Law pasted below is from Thailand Civil and Commercial Code. Section 684 The surety is liable for the costs of action to be paid by the debtor to the creditor, but he is not liable for such costs if the action was entered without first demanding performance from him. Section 720. In Thailand, a testator may disinherit any of their statutory heirs only by an express declaration of their intention to do so. Section 608 A carrier, within the meaning of this Title, is a person who in the usual course of business undertakes to transport goods or passengers for remuneration. Section 802. endstream endobj 90 0 obj <6rE5 DG2)/P -3904/R 3/U(Qu{. Title VII Hire of Work 587 - 607. Section 602. Section 595. A contract of mortgage must specify the property mortgaged. The acknowledgment of the existence or non-existence of a debt is deemed to be an act of performance. Important Points of Contract Review in Thailand, Application for legitimation of the child in Thailand, Thailand Relaxes Law of Work Permit for Foreigners, Withdrawing Shareholder Meeting Resolutions, Falsification of Company Accounts in Thailand, Crackdown on Thai Nominees in the Tourism Business, Acquisition of Condo by Thai National Married to Foreign Spouse, Developments, Structures, and Relationships between European Union and ASEAN. 115 0 obj <>stream The seller is not liable in the following cases: Section 474. 0000014691 00000 n Section 606. The pledgee of a bill shall, without previous notification being necessary, collect it on the day of its maturity. The contractor may appoint sub-contractor to work for him in all or in part, except in the major part of contract that required the ability of the contractor. If the principal does not ratify, the agent is personally liable to third persons, unless he proves that such third persons knew he was acting without authority or beyond the scope of the authority. Letting immovable property for more than three years. Section 477. If the seller appeared in the action, but the claim of the buyer was dismissed onaccount of the fault of the buyer. If the pledged property is a right represented by a written instrument, the pledge is void unless such instrument is delivered to the pledge and the pledge is notified in writing to the debtor of the right. A commission agent who has been ordered to sell or buy a property which has an exchange quotation may himself be the buyer or seller, unless he is expressly forbidden by the contract. Section 828. A loan for use is complete only on delivery of the property lent. Section 818. Section 710. It shall come into force on 1st of January B.E. 0 The carriage of goods by sea is governed by the Laws and Regulations relating thereto. The following gifts are not revocable for ingratitude: Section 536. Ten years after the time of the sale in case of immovable property. lays down procedural rules for applying Thai Civil and Commercial Codes 1924 (BE 2466).2 Thus, in deciding any civil and commercial cases, Thai court judges have to consider both the civil procedural law and the 1 Procedural Use of Civil and Commercial Codes Act 1937 (BE 2477) civil and commercial codes. Thai law is not made by judges as in case law, but you won't be able to fully understand the written law without also taking into account the rules for the exact interpretation of specific words and sections as given by the Thailand Supreme Court. This claim is barred if a third party is entitled to require the performance of the charge. Section 465. Section 801. Section 670 The depositary is entitles to retain the property deposited untill he has been paid all that is due to him on account of the deposit. Section 572. An action for compensation for damage caused to the pleged property by the pledge. Section 526. Even though there is a time clause for payment, if the buyer becomes bankrupt before delivery, or was bankrupt at the time of sale without the knowledge of the seller, or impairs or reduces security given for payment, the seller is entitled to retain the property sold, unless the buyer gives proper security. When a commission agent has made a sale for a lower price or a purchase for a higher price than that designated by the principal, if the agent takes upon himself the difference, such sale or purchase takes effect against the principal. He shall return the surplus after work is completed. +66 2254 8900 info@siam-legal.com If the seller was not a party to the original action, or if the buyer has made a compromise with the third person, or has yielded to his claim, no action for liability on account of eviction can be entered later than three months after final judgment in the original action, or after the date of the compromise, or of the yielding to the third person. Book4. Thailand is a civil law country, and its Civil and Commercial Code (1925) is on the basis of the Roman law, adopting the Germanist style through the copying and re. A future or conditional obligation may be secured for the event in which it would have effect. The owner may also terminate the contract in case of default of two successive payments, or breach of any material part of the contract; in which case all previous payments are forfeited to the owner who is entitled to resume possession of the property. Section 464. trailer In that case the mortgagee who is next in rank shall be considered as being subrogated to the prior mortgagee and may enforce the mortgage in his stead to the amount which the prior mortgagee would have received from the other properties according to the provisions of the foregoing paragraph. Section 473. The way-bill must show the following particulars: The way-bill must be signed by the sender. The depositary may use the money deposited and is only bound to return an equivalent amount. Section. A civil code is a codification of private law relating to contracts, property, family, and obligations.
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